How to Do the Paper Work for Divorce in Georgia
Georgia law establishes specific documents that are used to initiate and pursue a divorce in a superior court in the state. Electing to pursue a divorce on your own and without legal representation, Georgia law nonetheless requires you to properly prepare and submit this necessary paperwork.
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Instructions
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Obtain a form complaint for divorce from the superior court clerk in the county where you reside. The superior court clerk maintains basic forms associated with divorce cases for use by people not represented by counsel.
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Review the instructional guidelines that accompany the complaint for divorce form.
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Complete the complaint for divorce form. Make sure you complete all sections of the paper work. If a section does not apply, write "N/A" or "none."
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Insert basic information about your marriage onto the complaint for divorce. The information includes your name and that of your spouse, and the date of your marriage. Other information included on the form is the names and dates of birth of children from the marriage, general information about your assets and debts as well as request to the court for divorce.
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File the petition for divorce with the superior court clerk.
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Request the superior court clerk to direct the sheriff to serve the divorce complaint on your spouse. You complete a firm called a praecipe (pronounced like "recipe" with a "p" at the beginning) to obtain service of the complaint on your spouse. The clerk provides this form to you.
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Obtain a motion for temporary orders form, also from the superior court clerk. The motion requests the court to issue temporary orders regarding such matters as child custody, parenting time (visitation), child support and other matters. Temporary orders remain in effect during the course of the divorce proceedings.
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Complete the motion for temporary orders, setting forth what you desire in regard to the various issues facing you at the outset of divorce proceedings.
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File the motion for temporary orders with the clerk. When filing, obtain a date and time for a hearing on this motion.
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Notify your spouse of the date and time of the hearing. The superior court clerk provides a form notice for this purpose.
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Tips & Warnings
Even if you believe you appropriately prepared divorce papers, Georgia divorce law and procedure is complex. Consider retaining the services of a Georgia divorce lawyer to represent you in your case. The State Bar of Georgia maintains a directory of attorneys in different practice areas. Contact the organization at:
State Bar of Georgia
104 Marietta St. NW
Suite 100
Atlanta, GA 30303
404-527-8700
gabar.org
References
Resources
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